State ex rel. Ayers v. Kipp

Citations

• 10 S.D. 495
• 74 N.W. 440
• 1898 S.D. LEXIS 26

Syllabus

<p>1. The prima facie right of a party holding the certificate of an appointment to an office to be placed in possession of it may be determined in a mandamus proceeding.</p> <p>2. The requirement of Laws 1897, Chap. 69, ? 7, that the bond of the insurance commissioner shall be anproved by thegovernor, secretary of state, and attorney general, is met by an approval by any two of such officers, as Comp. Laws, $ 4765, provides that words giving joint '.authority to three or more officers gives such authority to a majority.</p> <p>3. Laws 1897, Chap. 69, 5, authorizing the insurance commissioner to hold his office two years, unless sooner removed by the governor, gives the governor the power of removal at his pleasure. _ •</p> <p>4. Laws 1897, Chap. 69, (j 6, authorizing the governor at his pleasure to remove the insurance commissioner from his office created by said chapter, is not repugnant to Const. Art. 16, 3, 4, authorizing the removal of officers only by impeachment or for cause, as these sections apply only to the officers named in the Constitution.</p>